To the Editor of the "NontH-Cuisa Darty News" me with the reformed judiciary of the whole country."—What Toes this mea fand where does. this of the whole!
Sim:—I read your leader on Mixed Cour:'s rendition in to-day's issue of the "North-China Daily} News" with profound astonishment because it appeared to be written in mit so entirely alien from spirit which as a rule is chara teristic of your paper The subject is one of such gray importance to the foreign community fas a whole and incidentally also to! foreign legal practitioners that it deserves the most careful and the fullest possible treatment.
In the compass of this letter I can only comment very briefly on some In the latter part of your article you refer to. foreign lawyers and you. say "one sees Yeason why Chinese magistrates) should be less willing to "allow foreign lawyers to appear before them than foreign Courts are to. hear Chinese lawyers properly. qualified." You may see no reason; but views are not shared by. the vast majority of foreign lawyers, and, in'any event, itis dificult to see any reason why the Consular Body] for whatever body, if any, is looking after foreign interests, should not ivan absolute condition that Tights, at any rate, of existing of the statements contained in your] practitioners should be protected in Tender; but I sincerely hope that their entirety. I'am not urging this someone much better qualified than I in the interest of foreign lawyers! will find the time and the opportunity] #lone, but in the interest of the to place exhaustively before the! public the overwhelming arguments which can be adduced against the: rendition of the Mixed Court on anything like the lines which have been suggested recently in the Press.
You state with regard to the reports that have recentl community as a whole; because in no other way can abuses be ventiated and brought to the attention the General Public, It was a surprise' to me to hear that the Consular Body have me formed the lawyers that they will be most happy to hear all representations they may wish to. make, and to give them the fullest fact you go s0 far ay to sta that the only point perhaps on whea there is no.crvor is that the Consular} body through certain of its members appointed for the purpose negotiating with the Kiangeu Pro-! vineial authorit consideration, As far as I am aware there \ras not up to' the present at any rate been any such official communication You that as yet nothing definite has been concluded and it must be several weeks before As fur ax Tam concerned I do not vendition is accomplished. know whether these reports are] With all the valuable official inaccurate or misleading or not an do not know whether you hai access to official information which denied to these other papers; but from the tone of your lender it would seem that this must be 90; and if is to, then it Jo unfortunate that not communicated in official or authoritative form, fo that the general public may know how they stand and whether their rights are being bartered away or not, and if} for What reason.
Anyone who has edge into contact with Dr. V. K. Ting and knows his record would certainly agree with you that he would desire to preserve! the efficiency and the purity of the Court; probably like some of ws, he would desire to sco them increased, Dut if it Is randited, it does not follow, whatever his desires may be, that he will be able to exercise any; effective control for that purpose.
Everyone also agrees that—the Mixed Court niust'be handed bac the same way that extraterritoriality must be abotished—sometime, The whole question is,—Do existing conditions justify either of these steps at the moment? one but a lunatic would suggest that the time is ripe for the abolition of extraterritoriality. With regard to the immediate rendition of the Mixed Court, I venture to think that very few people who are really conversant with the inner working, of the administration of Chinese justice would agree that the time ripe for such a step or that the Chinese have done anything: recently or qualified themselves in anyway recently to justify the tuking of such a step.
There should be no rendition whatever of the Mixed Court unless and until there has been what may be termed a probationary and/or: supervisory period, so that, the community can realize the results before they finally sell their birthright or have it sold for them for a mess of high-sounding but hol-Tow assurances, You.say nobody, Chitose or foreigner, wishes to go back the methods prevailing before 1911; but unless you have a probationary and supervisory period ud unless existing foreign legal practitioners ave the same right of audience in the future as they have now, what guarantee have you that the Jecpard can change its spots?
that guarantee have we—that judgeships and all the other offices of potential profit. in Chinese Courts will not be brazenly hawked to the largest purse as in the past." Later in your article you Fay ohe guiding and necessary principle fe that "the Mixed Court practice should "Ue brought—into end other information which you appear to have at your disposal, it does seem most desirable and it would be of the greatest possible benefit both to the community at arge and to foreign lawyers if you would answer the following ques tions?
(1) Does the reported agreement between the Con and the Kiang: Government wh shanghai Times" of July 14, 1926 represent, with substantial accuracy at any! rate, the terms which have been agreed or provisionally or tentatively agreed between the Consular Body and the Kiangsa Provin" Government, or ix it a complete fabrication? If it does, then it is vital to examine the terms set out in' that agreement with minute care in order to see how the community at large will be affected.
Has this or some imilar rument been sent to the diplomatic body for their approval?
(3) Will the Consular Body have!
an opportunity of revising or amending that document Will interested parties including of course representa-ives on behalf of the community at Large have an opportunity of presenting:
views both to the diplomatic body and to the Gonsular Body before any final agreement is reached?
Were the Consular Body advised by any committee and if so what was the personnel of that Committee and were any people really interested represented on that Committee or given an opportunity of expressing their (6) Is there any reason why all changes such as the contemplated rendition of the Mixed Court ete, should not be prefaced by something corresponding to a Royal Comtmission in England where all interested parties can be heard and the evidence and Report are made public instead of the accursed' and ablerranean system secrecy which seems to pre-in all official matters ing and Shangha T am, ete, Shangha Suly 15, 192%
"ea This Jtter ie det ith To the Editor of the "Nortu-Cuisa Datty News"
Sim,—With reference to the right audience of the foreign lawyers in the International Mixed Court at Shanghai. after the rendition, it is Interesting to note that by a mandate made by the Ministry of Justice on the 24th day of December in the Sth year of the Republic the lawyers of all non-extra ter. ritorial powers can practise in all Chinese Courts, provided they conform to the rules governing the Chinese practitioners. But the mandate expressly provides that its provisions do not apply to the lawyers of other powers.
Tam, ete, A Lawyer,
Text read from the printed page and cleaned; old type leaves the occasional error.